In light of the ongoing COVID-19 pandemic and the rapid rate at which the situation is changing, the Province of Ontario on Thursday, March 19, 2020 passed Bill 187 in response to concerns that have arisen with the regards to the ability of Council members participation in the decision-making process, as well as ensuring that meetings can be open to the public. Bill 187 now provides for members of Council to participate electronically in open and closed sessions and to be counted towards quorum when an emergency has been declared. These legislative changes are appended to this report as Appendix "A".

As part of the City of Windsor's ongoing response to COVID-19, Mayor Drew Dilkens officially declared a State of Emergency on Friday, March 20, 2020. Declaring an emergency under s 4(1) of the Emergency Management and Civil Protection Act provides Windsor with additional tools to protect the health and safety of individuals and families living in the City, and will grant access to provincial funding, should it become available.

Discussion:

Given that the City of Windsor has officially declared a State of Emergency, and given that the Province of Ontario enacted Bill 187, the City of Windsor is able to make the following amendments to the Procedure By-law:

• - Electronic meetings may take place regardless of the number of Councillors who wish to participate electronically, as there is no longer an "in person" quorum requirement;
• - Closed meetings may take place electronically.

Electronic participation at this time can be permitted only during the Novel Coronavirus (COVID-19) pandemic, as defined by the World Health Organization (WHO). Lessons learned from this trial will be reviewed with findings to be reported back to Council at a future date for consideration to include electronic participation rules within the procedure by-law.

Proposed amendments to the Procedure By-law:

• a) The amendments would only apply in circumstances during which the City of Windsor remains under declaration of an emergency under s 4(1) of the Emergency Management and Civil Protection Act;
• b) The Chair of the Meeting (for Council meetings: The Mayor, or Acting Mayor under By-law 176-2018) must moderate the meeting;
• c) A definition of "electronic participation" will be added under Part I – Interpretation/Definition: "A council member who participates in a Council or committee meeting from a remote location by such electronic means or services as determined and provided by the Clerk, has the same rights and responsibilities as if he or she were in physical attendance, including that they shall count towards a quorum of members and shall be permitted to participate in any portion of a meeting which is closed to the public";